2013/04/23

Amy Goodman: How Do We Know That the Boston Bombings Were an Act of Terrorism?

Authorities have used a public safety exception to delay reading Boston Marathon suspect Dzhokhar Tsarnaev his Miranda right, to remain silent, and to have an attorney present, a move that has sparked controversy. The Obama administration has been criticized in the past, for rolling back Miranda rights after unilaterally expanding the public safety exception in 2010. A group of Republican lawmakers, have also called for Tsarnaev to be held as an enemy combatant, but the Obama administration has signaled its intention to try him in civilian court. Constitutional lawyer, and Guardian columnist Glenn Greenwald joins us to discuss the legal issues surrounding the case. It's sort of odd, that the debate is Lindsey Graham's extremist theory to hold Tsarnaev as an enemy combatant, or rushing to give President Obama, credit for what ought to be just reflexive, which it is, if you arrest a US citizen on US soil of a crime, before you imprison him, you actually charge him with the crime, and give him the right to a lawyer, Greenwald says. The fact those are the two sort of extremes being debated, I think, is illustrative of where we have become. Amy Goodman: The Justice Department is expected to bring charges, as early as today, against 19 year old Dzhokhar Tsarnaev, who is accused with his deceased older brother of the Boston Marathon bombings, that killed three people, and injured more than 170. An FBI high value detainee interrogation team is now in Boston Marathon bombings, that killed three people, and injured more than 170. An FBI high value detainee interrogation team is now in Boston to question the suspect, who remains hospitalized in Boston in critical but stable condition. There are conflicting reports about whether the college student has already begun responding to questions from interrogators, and to what extent he is even capable of speaking, given his injuries. Authorities say they plan to use a public safety exception, to delay reading Tsarnaev his Miranda rights to remain silent. and to have an attorney present. The decision to question the Boston Marathon bombing suspect, without an attorney present, has been criticized by some legal groups. In a statement, the Center for Constitutional Rights said, quote, However horrific the crime, continuing to erode constitutional rights invited continued abuse by law, that the person can be advised of his or her rights, and a determination can be made, whether there is probable cause to have arrested the person. And that is what really safeguards the rights is having the court involved in the process. The Obama administration in 2011, also said that they intend to seek legislation, to give them the power to delay that significantly in terrorism cases.